Legal Question in Credit and Debt Law in Georgia
Financial obligations re: catastrophic illness
My husband and I are both self employed. He makes considerably more than I do. We recently moved to Georgia, where there is no guaranteed access to health insurance. Though I am currently healthy, I had cancer 15 years ago, and as a result, no carriers will insure me. My husband is insured. A major medical event could ruin us financially. So I am considering divorcing, separating financially, but staying together physically. If we did this, would his money and assets be safe from creditors in the event of a catastrophic illness or accident on my part?
2 Answers from Attorneys
Re: Financial obligations re: catastrophic illness
Maybe, but the answer is far more complex than your question.
To legally get a divorce, you must be living in a bona fide state of separation and must be able to swear, under penalty of perjury, that your marriage is irretrievably broken.
There may be other options in terms of how the two of you structure your finances which also would protect your husband's assets.
Additionally, some insurers may offer you coverage if you agree to some exclusions.
You really need to sit down with a lawyer who can do an in-depth discussion of options that would be legal and would help protect your assets, and your husband's.
Re: Financial obligations re: catastrophic illness
I also need to add that if you recently moved here, divorces cannot be filed until you have lived here six months.